United States v. Spring

ORDER ON MOTIONS TO DISMISS

JOHN A. WOODCOCK, JR., Chief Judge.

The Court concludes that the Defendant’s due process argument may not be reached in a motion to dismiss the indictment because it depends upon the resolution of facts that must be decided by a jury. The Court further concludes that the Government has not violated the Speedy Trial Act’s thirty-day provision between arrest and indictment and that charges brought under 18 U.S.C. § 922(a)(6) and § 924(a)(1)(A) are not multiplicitous.

I. STATEMENT OF FACTS

On April 13, 2011, a federal grand jury indicted Kevin Earl Spring for making a…